RELEASE OF LIABILITY AND ACKNOWLEDGMENT AND ACCEPTANCE OF DANGERS, RISKS AND HAZARDS OF OPERATING EQUIPMENT, WHETHER PERSONAL PROPERTY OR RENTAL PROPERTY, (the “EQUIPMENT”)
ON IOLA OLD CAR SHOW, INC GROUNDS (the “PREMISES”)


I acknowledge and understand that no warranty, either expressed or implied is made by Iola Old Car Show, Inc. (IOCS) or their directors, officers, employees, agents, successors, and assigns as to the condition of the PREMISES, or of any roads, paths, buildings, gates, or other improvements located on the PREMISES. This document serves to warn me that dangerous conditions, risks, and hazards do exist. My presence and activities on the PREMISES expose both me and my personal EQUIPMENT and/or rental EQUIPMENT to dangerous conditions, risks, and hazards, including but not limited to; rough terrain, erosion, and general condition of the land, both on and off roadways and paths, creating rough, hazardous, and dangerous driving conditions, during the use of said EQUIPMENT. This document also serves to warn me that there are risks in operating said EQUIPMENT, including but not limited to falling out of the EQUIPMENT that may result in severe injury and/or death. I hereby acknowledge and accept the risks associated with such activity. I hereby state that I am aware of these facts and expressly assume all such dangers and risks and other hazards associated with such activity. In consideration for the right to operate EQUIPMENT on IOCS PREMISES, I hereby release and agree to protect, indemnify, and hold harmless IOCS, their directors, officers, employees, agents, successors, and assigns from and against, any and all claims, demands, causes of action and damages, including attorney’s fees, resulting from the use of the PREMISES and any improvement located thereon, whether or not caused by the negligence or gross negligence of IOCS. This release applies during the time that I am permitted on the IOCS PREMISES. I hereby further covenant and agree that I, my heirs, successors, and assigns will not make any claim or institute any suit or action at_ law or in equity against IOCS, their directors, officers, employees, agents, successors, and assigns by reason of conditions of the land or activities occurring thereon. Furthermore, I understand and agree that drinking alcoholic beverages, while operating EQUIPMENT, can create extreme danger and agree to not consume alcoholic beverages or be under the influence of any drugs, before or during operation of EQUIPMENT.


I have read, understand, and agree to follow the rules set forth in this release. As used in this release, the terms, I, my person, and myself includes anyone that I invite to operate the EQUIPMENT, any passengers, and any minors in my care while on the IOCS PREMISES.

COMPLETE AGREEMENT (the “AGREEMENT”): I understand that this AGREEMENT gives me the permissive rights to operate EQUIPMENT on IOCS PREMISES, and agree to remain upon the designated path, as outlined in the accompanying map (Attachment A). I understand that permission to operate EQUIPMENT on the PREMISES is only in effect from July 5, 2023, through July 9, 2023. I acknowledge that IOCS has the rights to terminate this AGREEMENT at any time and for any or no reason whatsoever, and that termination does not guarantee me a refund of fees. I acknowledge that this represents the entire AGREEMENT between IOCS and myself, as the EQUIPMENT operator, and supersedes all other agreements, if any, expressed or implied, whether written or oral. IOCS has made and makes no representations of any kind, except those specifically set forth herein.

OPERATING RULES & SAFETY POLICY.


Failure to comply with the rules & safety policy may be cause for: immediate withdrawal of privileges,
immediate forfeiture of Rental Equipment, and immediate ejection from the Iola Car Show Premises without any refund of fees, to include registration fee(s), rental fees(s), and event admission fee(s).

  1. Must be at least 18 years of age and have a valid driver’s license.
  2. It is the responsibility of the LESSEE/EQUIPMENT OPERATOR to adequately train any person driving the EQUIPMENT about EQUIPMENT operation, rules, and safety policies. It is the LESSEE/EQUIPMENT OPERATOR’s responsibility to obligate all users to the rules and safety policy.
  3. Do not operate EQUIPMENT under the influence of drugs, alcohol, or any mind-altering substances.
  4. Any reckless or unsafe driving will result in immediate withdrawal of operating privileges.
  5. EQUIPMENT is to be driven in a safe, slow, and careful manner, and always yield to pedestrians.
  6. Never operate the EQUIPMENT with more passengers aboard then it is designed to accommodate or over the maximum weight capacity. 4-passenger golf car capacity= 4 people max and less than max weight. No more than two (2) passengers per seat row.
  7. All passengers must be seated during operation of the EQUIPMENT.
  8. Always keep your entire body and your passenger’s bodies inside the EQUIPMENT and remember to hold on, whether still or in motion.
  9. Whenever the driver is not seated on the EQUIPMENT, set the parking brake, and remove the key from the ignition.
  10. Never leave the keys in the EQUIPMENT when unattended. EQUIPMENT must be locked when not in use. If RENTAL EQUIPMENT is found unattended and unlocked, the EQUIPMENT may be towed.
  11. Any reckless or unsafe driving will result in immediate forfeiture of the RENTAL EQUIPMENT.
  12. At all times, EQUIPMENT must stay within the boundaries of the designated path.

ADDITIONAL OPERATING RULES & SAFETY POLICY FOR RENTAL EQUIPMENT.

  1. RENTAL EQUIPMENT is not to be driven off the IOCS PREMISES or operated on public roads.
  2. RENTAL EQUIPMENT must be returned to the return location on scheduled return date and time.
  3. RENTAL EQUIPMENT must be returned at 6pm of the day rental ends.
  4. If RENTAL EQUIPMENT is not returned, JGC Rentals will charge a $200.00 tow fee.
  5. For safety purposes, tampering with or adjusting RENTAL EQUIPMENT to increase speed will result in the immediate surrender of the RENTAL EQUIPMENT and JGC Rentals will charge a $100.00 fine.
  6. In the event the RENTAL EQUIPMENT is lost, stolen or damaged, LESSEE agrees to pay JCG Rental the full replacement or repair cost of the RENTAL EQUIPMENT at retail value.
  7. RENTAL EQUIPMENT uses regular unleaded gas. Do not allow RENTAL EQUIPMENT to run out of gas. If the RENTAL EQUIPMENT requires more gas, return it to the EQUIPMENT return location.
  8. In the event of a RENTAL EQUIPMENT breakdown/failure, notify JGC RENTALS immediately and/or leave message. (Notification after the EVENT will not be given consideration).

TERMS AND CONDITIONS OF EQUIPMENT RENTAL

In consideration of the RENTAL EQUIPMENT, rented by the undersigned (hereinafter referred to as the “LEESEE’J from JGC Rentals upon the following TERMS AND CONDITIONS, the parties agree to the following:

  1. RENTAL AND TERM begins on the date & time specified as “CHECK OUT DATE” and expires on the date and time specified as “RETURN DATE” unless amended in writing on the reverse of this contract. Rental charges commence on delivery of EQUIPMENT to LEES EE and end upon return of RENTAL EQUIPMENT to JGC RENTALS at the designated EVENT CHECK-IN/CHECK-OUT LOCATION. JGC RENTALS may also terminate the RENTAL AGREEMENT at any time, without prior notice, and take possession of the RENTAL EQUIPMENT if any of the TERMS AND CONDITIONS of the RENTAL AGREEMENT are not complied with. LEES EE agrees to pay rental fees, per the terms on the reverse side of this agreement, and upon return of RENTAL EQUIPMENT on the RETURN DATE all charges and costs for damages, destruction, or loss of the RENTAL EQUIPMENT. LEESEE’s right to use the RENTAL EQUIPMENT terminates on the scheduled RETURN DATE set forth, unless extended in writing by JGC RENTALS. RENTAL EQUIPMENT is not permitted to be sub-leased by LEESEE to other individuals.
  2. INSPECTION PRIVILEGE AND WAIVER OF DEFECTS. LEESEE accepts the RENTAL EQUIPMENT on an “as is” basis. LEESEE acknowledges receipt of all RENTAL EQUIPMENT and finds it to be in good working condition and repair. LEESEE hereby certifies and warrants that he has a good working knowledge of the equipment operation of the RENTAL EQUIPMENT and that the LESSEE will not permit any other party to use the RENTAL EQUIPMENT who is not equally as familiar with equipment operation. LEESEE acknowledges and declares that LEESEE has examined the RENTAL EQUIPMENT, and LEESEE declares that he has received all such RENTAL EQUIPMENT in a secure and operative condition. LEESEE agrees to return the RENTAL EQUIPMENT to JGC RENTALS’ designated EVENT CHECK-IN/CHECK-OUT LOCATION upon the scheduled RETURN DATE and to do so in as good condition as when received by LEES EE ( ordinary wear and tear accepted.) Ordinary wear and tear shall mean only the normal deterioration of the RENTAL EQUIPMENT caused by ordinary and reasonable use.
  3. RENTAL EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. LEESEE will immediately discontinue use of the RENTAL EQUIPMENT should it at any time, following the execution of the agreement or any subsequent agreement, becomes unsafe or in a state of disrepair. Furthermore, the LEESEE will immediately notify JGC RENTALS that the RENTAL EQUIPMENT is unsafe or in disrepair and, until such time as JGC RENTALS has regained possession, the LEESEE agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the RENTAL EQUIPMENT.
  4. COMPLIANCE WITH LAWS. LEESEE acknowledges that JGC RENTALS has no control over the use of RENTAL EQUIPMENT by LEES EE, and LEES EE agrees at his sole expense, to comply with all municipal, county, state and federal laws, ordinances, and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA) which may affect the RENTAL EQUIPMENT while it is in the possession of and use by the LEES EE. LEESEE shall not permit any person who is not legally qualified to use RENTAL EQUIPMENT to do so.
  5. PERMITTED AREA OF USE OF RENTAL EQUIPMENT. Without JGC RENTALS’s consent, LEESEE shall not remove the RENTAL EQUIPMENT from the legal boundaries of the EVENT GROUNDS, from where it is rented.
  6. LEESEE’S LIABILITY FOR MISUSE OF RENTAL EQUIPMENT. LEESEE shall not abuse, harm, or tamper with the RENTAL EQUIPMENT. LEES EE shall not permit any repairs to be made or lien to be placed upon the RENTAL EQUIPMENT without JGC RENTALS’s written consent. In the event of any accident or casualty resulting in bodily injury or property damages arising out of LEESEE’s use and rental of said RENTAL EQUIPMENT, LEESEE agrees to accept all responsibility therefore and shall hold JGC RENTALS harmless from any claims or action arising there from. LEESEE shall furnish JGC RENTALS with a complete report of any incident involving said RENTAL EQUIPMENT, including names and addresses of all persons involved and all witnesses. If applicable, LEESEE must complete a formal theft report with local police authorities. LEES EE assumes and shall bear the entire risk of loss, theft, destruction, or damage of or to any part of the RENTAL EQUIPMENT (“loss or damage”) from any cause whatsoever, whether it is covered by insurance or not, and no such loss shall release LEESEE of his/her obligation under this RENTAL AGREEMENT in the event of loss or damage. Unless otherwise specified herein, in case of the loss or destruction of any part of the RENTAL EQUIPMENT, or loss of possession thereof, or inability to return the same to JGC RENTALS, on the scheduled RETURN DATE for any reason whatsoever. LEESEE agrees to pay immediately all charges and costs incurred for repair of the RENTAL EQUIPMENT and/or shall pay JGC RENTALS the actual replacement cost thereof, and in addition thereto JGC RENTALS’s loss of use of said RENTAL EQUIPMENT. If RENTAL EQUIPMENT is subsequently recovered by JGC RENTALS, the replacement cost charge will be waived, and the LESSEE will be charged a $200.00 recovery fee, plus any other applicable loss or damage charges. Any keys not returned with the RENTAL EQUIPMENT, or missing key tags, will incur an additional charge of $25.00 per key. If lock/chain sets are provided, LEESEE will be charged a $35.00 fee, per set, if any part of the set(s) is not returned, including key tags/fobs, or if the lock needs to be cut off. LEESEE is responsible for liability and property insurance in the event of damage, loss, or injury.
  7. DISCLAIMER WARRANTIES, JGC RENTALS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE RENTAL EQUIPMENTS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JGC RENTALS’s sole responsibility in the event of any malfunction is to repair the RENTAL EQUIPMENT or to rebate to LEESEE a prorated share of the rental cost for the period the RENTAL EQUIPMENT was unusable. JGC RENTALS shall not be responsible for any loss, damage, or injury to LEES EE or LEESEE’s property, including incidental, special, or consequential damages, in any way connected with the operation, use, defect in or failure of the RENTAL EQUIPMENT.
  8. PAYMENT TERMS. JGC RENTALS shall make NO refunds.
  9. INDEMNIFICATION OF JGC RENTALS BY LEESEE. The undersigned LEESEE hereby agrees to release, hold harmless, indemnify and defend JGC RENTALS, their respective members, officers, employees, subcontractors, from any and all responsibility, liability, claims, loss, costs or damages including reasonable attorney fees arising from injuries to person(s) or damage to property which may arise from the use of the RENTAL EQUIPMENT by the LEESEE named below, its employees, agents, or representatives. LEESEE’s obligations hereunder to defend shall extend to claims alleging the sole negligence, willful misconduct, or violation of law of an Additional Insured Party when combined with other claims, triggering LEESEE’s obligation to indemnify, provided however, that upon the final adjudication by a court of competent jurisdiction or written settlement between the parties, LEES EE shall be reimbursed for the portion of fees or losses so adjudicated as the responsibility of an Additional Insured Party. LEESEE’s indemnification obligations shall survive termination of this RENTAL AGREEMENT, shall extend to claims occurring after termination of this RENTAL AGREEMENT, and are independent from, and not limited in any manner by the LEESEE’s insurance coverage as required by this RENTAL AGREEMENT.
  10. THEFT WARNING. Failure to return RENTAL EQUIPMENT on the scheduled RETURN DATE in certain circumstances will be considered a theft, resulting in a criminal prosecution.
  11. TAXES. LEESEE agrees to pay all taxes, arising out of the rental and use of the RENTAL EQUIPMENT.
  12. TITLE. The RENTAL EQUIPMENT is, and shall at all times remain, property of JGC RENTALS, and LEESEE shall have no right, title, or interest except as expressly set forth in this RENTAL AGREEMENT. No additions or improvements to the RENTAL EQUIPMENT of any kind or nature shall be made by LEESEE. If the RENTAL EQUIPMENT is levied upon for any reason whatsoever, JGC RENTALS may retake the RENTAL EQUIPMENT without notice or legal process and may take all action reasonably necessary to do so.
  13. CONSTRUCTION. The paragraph headings used herein are for convenience only and are not to be used in construing the meaning or intent of any of the terms or provisions of the RENTAL AGREEMENT. This RENTAL AGREEMENT shall be governed by and construed in accordance with the State of Wisconsin laws. If any TERM OR CONDITION of the RENTAL AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is the JGC RENTALS’ intention that such TERM OR CONDITION be reformed to the extent permissible by law, and the remainder of the TERMS AND CONDITIONS of this RENTAL AGREEMENT remain in full force and effect and shall in no way be impaired or invalidated.